High Court of Punjab and HaryanaCRM-M/37955/2016allowed

Sikander Singh v. State Of Punjab And ANR

2017-01-24Mrs. Justice Raj Rahul Garg3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 24.01.2017 Sikander Singh ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. P.S. Ahluwalia, Advocate for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

Mr. Balwant Singh Malhi, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.130 dated 14.11.2015, under Sections 498-A and 406 IPC, registered at Police Station Phase XI, District SAS Nagar (Mohali), on the basis of compromise dated 30.09.2016 (Annexure P-2). Brief facts of the case are that marriage between petitioner and daughter of complainant- Baljit Kaur was solemnized on 04.04.2001. The complainant had given dowry articles in the marriage. After the marriage, the behavior of accused changed and he has started giving beatings to complainant's daughter. Due to incompatibility of temperament, both the

-2parties could not live together as husband and wife. The relationship between them became strained and thereafter, the F.I.R was registered against the petitioner.

Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 30.09.2016 (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 30.09.2016 (Annexure P-2), by way of order dated 22.10.2016, by this Court.

Learned counsel for respondent No.2, who is father of respondent No.2, has placed on record the copy of statement made by his daughter Baljit Kaur on 13.12.2016 in a petition filed under Section 13-B of the Hindu Marriage Act, to show that the matter was compromised before the Mediation and Conciliation Centre of this Court and her daughter no has objection if the present FIR registered against the petitioner is quashed. Consequently, in view of the above-said statement and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot Vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

-3Accordingly, FIR No.130 dated 14.11.2015, under Sections 498-A and 406 IPC, registered at Police Station Phase XI, District SAS Nagar (Mohali) and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 30.09.2016 (Annexure P-2).

The present petition stands disposed of.

January 24, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No